[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR405.352]



[Page 91]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 405_FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED--Table of 

Contents

 

Subpart C_Suspension of Payment, Recovery of Overpayments, and Repayment 

                        of Scholarships and Loans

 

Sec. 405.352  Adjustment of title XVIII incorrect payments.



    Where an individual is liable for an incorrect payment (i.e., a 

payment made under Sec. 405.350(a) or Sec. 405.350(b)) adjustment is 

made (to the extent of such liability) by:

    (a) Decreasing any payment under title II of the Act, or under the 

Railroad Retirement Act of 1937, to which the individual is entitled; or

    (b) In the event of the individual's death before adjustment is 

completed, by decreasing any payment under title II of the Act, or under 

the Railroad Retirement Act of 1937 payable to the estate of the 

individual or to any other person, that are based on the individual's 

earnings record (or compensation).



[31 FR 13534, Oct. 20, 1966, as amended by 41 FR 1492, Jan. 8, 1976. 

Redesignated at 42 FR 52826, Sept. 30, 1977]